Palawan State University

College of Engineering, Architecture, and Technology

Civil Engineering Department

THE SELECTION OF
THE CIVIL ENGINEER
CE 40: CE Laws, Ethics & Contracts

SUBMITTED BY:

CAABAY, LOVELY HENRYA P.

JAVAREZ, SUN CHAI D.
PORRAS, KATHRYN FENELLA A.

SUBMITTED TO:

ENGR. JENNIFER C. CACAL

 Palawan State University
College of Engineering, Architecture, and Technology
Civil Engineering Department

3.1 INTRODUCTION TO THE SELECTION OF THE CIVIL ENGINEER

The selection and engagement of a Civil Engineer is one of the most important decisions to be
made during the development of an engineering project. No two Civil Engineers have the same
training, experience, capabilities, personnel, workloads, and particular abilities. The autonomy in the
workplace makes the work of a civil engineer unique from others. Selection of the most qualified Civil
Engineer for a specific project will result in a well-planned and designed, economical, and successful
project.

This document aims to:

● Define the criteria for selecting a qualified Civil Engineer based on expertise, ethics, and
resources.
● Outline different selection procedures, including Qualifications-Based Selection (QBS),
Bidding, and the Two-Envelope System.
● Compare these methods to determine the most effective approach for procuring civil
engineering services.
● Highlight the advantages of QBS as the preferred method for ensuring quality engineering
solutions.

3.2 BASIS FOR SELECTION

The client should establish administrative policy and criteria for the selection of qualified Civil
Engineers for particular projects. The client's first step is to define the proposed scope of the project.
In some cases, this may be a general statement of the performance requirements of the project. At
other times, the tasks to be performed, maybe individually identified and defined. By clearly defining
the services which the Civil Engineer is to furnish, the client can accurately judge whether or not the
Civil Engineer is best equipped to provide them. Some of the factors that should be considered in the
selection process are:

1. The professional and ethical reputation of the Civil Engineer and his staff was determined by
inquiries to previous clients and other references.

2. Responsible Civil Engineers and its employees must be registered professional Civil Engineers.

3. Civil Engineers should have demonstrated qualifications and expertise, performing the
services required for the project.

4. Civil Engineers should be able to assign qualified engineering staff who will be in responsible
charge of the project and will be able to provide and complete the required services within
the time allotted.
 Palawan State University
College of Engineering, Architecture, and Technology
Civil Engineering Department

5. The Civil Engineer should have the necessary financial and business resources to accomplish
the assignment and provide continuing service. The selection procedures described in this
manual apply to projects of the private sector. For government projects, E.O. 164 and P.D.
1594 as amended apply to procurement of consulting services and selection of contractors for
construction, respectively.

3.3 CLIENT'S SELECTION COMMITTEE

Within the client's organization there should be an established administrative policy for
designating the persons authorized to select or recommend selection of Civil Engineers for specific
assignments. The persons appointed should be familiar with the project requirements and should be
kept free of internal or external pressure during the selection process. One satisfactory procedure is
to utilize a selection committee of three or more individuals, at least one of whom is a professional
engineer of the appropriate discipline. For public projects, the client must choose individuals who
demonstrate objectivity in order to avoid the appearance of a conflict of interest in the selection of
the Civil Engineer. At least one of the individuals should be thoroughly familiar with the civil
engineering practices. The committee is responsible for making recommendations after conducting
appropriate investigations, interviews, and inquiries. The final selection is then based upon the
selection committee's recommendations.

3.4 QUALIFICATIONS-BASED SELECTION (QBS) PROCEDURE

The selection procedure is considerably enhanced when the client is fully familiar with the
purpose and nature of the proposed project, can describe the project in detail, and can prepare a
project scope and outline of services expected of the Civil Engineer. In some cases, the client may not
have professional staff available to define the project scope and describe the required services. The
client should still be familiar enough with the project requirements to understand what is expected of
the Civil Engineer. The selection procedure, however, can be modified to suit the circumstances. The
client's usual steps in the selection procedure are presented below. If the client has had satisfactory
experience with one or more Civil Engineers, it may not be necessary to follow all of the steps outlined.

1. By invitation or by public notice, state the general nature of the project, the services required,
and request statements of qualifications and experience from Civil Engineers who appear to
be capable of meeting the project requirements. The client may issue Request for
Qualifications" (RFQ) or "Request for Proposals" (RFP). RFQs are normally used to ascertain
the general qualifications in a selected area of expertise while RFPs are used to seek Civil
Engineers for creating "short lists for selecting a Civil Engineer for a specific project.

2. Prepare a budget for the staff time and costs that can be expected from potential Civil
Engineers prior to receipt of the RFQs or RFPs.
 Palawan State University
College of Engineering, Architecture, and Technology
Civil Engineering Department

3. Evaluate the statements of qualifications received. Select at least three Civil Engineers or firms
that may appear to be best qualified for the specific project. It should be noted that often
more than three Civil Engineers or firms may appear to be equally qualified- in which case
more Civil Engineers or firms may be considered. However, in fairness to those not selected it
is usually best to make a conscientious effort to keep the number selected for further
consideration for realistic minimum in view of the cost and time required to prepare
competent proposals.

4. Write a letter to each Civil Engineer or selected for further consideration describing the
proposed project in detail, including a project scope and outline of services required, and
asking for a proposal describing in detail the Civil Engineer’s plan for managing and performing
the required services, the personnel to be assigned, the proposed schedule, experience with
similar projects, office location in which services are to be performed, financial standing,
present workload, and references. Each Civil Engineer or firm should have an opportunity to
visit the site, review all pertinent data and obtain clarification of any items as required. For
major or complex projects a pre-proposal conference may be desirable to explain details of
the proposed scope of services and to answer questions.

5. On receipt of proposals, invite the Civil Engineers or firms to meet individually with the
selection committee for interviews and discussions of the desired end results of the project
and the engineering services required. These interviews may be held at the Civil Engineer's
office. The client may consider supplementing the selection committee with personnel who
have specialized expertise to advise the committee, when appropriate. During each interview
the selection committee should review the qualifications and experience of each Civil
Engineer or firm, the capability to provide the services within the time allotted, and the key
personnel to be assigned to the project.

6. Check with recent clients of each Civil Engineer or firm to determine the quality of their
performance. This check need not be limited to references listed by the Civil Engineer.

7. List the Civil Engineer or firms in the order of preference, taking into account their approach
and understanding of the project, reputation, experience, financial standing, size, personnel
available, quality of references, workload, location, and other factors pertinent to the project
being considered.

8. Invite the Civil Engineer considered to be best qualified to develop a detailed scope. List of
deliverables and schedule, and to negotiate fair compensation for the services.

9. The compensation proposed by the Civil Engineer should be evaluated on the basis of the
clients experience and budget estimate, taking account of the range of charges reported in
Section 4 herein; giving consideration to the project's special characteristics and the scope of
services agreed upon. Fair and reasonable compensation to the Civil Engineer is vital to the
success of the project since it will enable the consultant's expertise to be fully utilized.
 Palawan State University
College of Engineering, Architecture, and Technology
Civil Engineering Department

10. If satisfactory agreement is not reached with the first Civil Engineer, the negotiations should
be terminated and the Civil Engineer or firm be notified in writing to that effect. Similar
negotiations should then be held with the second Civil Engineers or firm and, if necessary,
with the third Civil Engineers or firm. If no accord is reached, the client should seek outside
assistance before continuing with the selection process. Such a procedure will usually result
in development of a satisfactory contract. All such negotiations should be on a strictly
confidential basis, and in no case should the compensation discussed with one Civil Engineer
be disclosed to another.

11. When agreement has been reached on scope, schedule and compensation, the client and
selected Civil Engineer should formalize their agreement in a written contract.

3.5 SELECTION PROCEDURE FOR "LEVEL OF EFFORT" CONTRACTS

A “level of effort" type of contract for engineering services is a contract procedure used to
supplement a client's staff, either by providing an extension to existing disciplines and capabilities
already on board or by adding special disciplines not available on the client's staff. As applied to "level
of effort" contracts, the QBS procedure sets forth the general nature of services to be rendered, the
types of specialists required and the estimated number of hours required during the contract period
for each type and grade of specialist, and then requests proposals from qualified firms. Proposals
usually state the experience of the firm as it pertains to the given scope of services, and the
backgrounds of the specialists available to work on the project. After narrowing the proposals to those
which best meets experience qualifications, the client negotiates an agreement as described in
paragraphs 9-11 above.

3.5.1 BIDDING

Professional engineering and architectural societies recognize QBS as the preferred method
for procurement of professional services. In fact the NEDA Guidelines require the procurement of
professional engineering and architectural services only by a process similar to that described in
"Qualifications-Based Selection Procedure", above. Selection of Civil Engineers and related service
professionals, including consultants and sub consultants on construction projects, should result from
competition based on the qualifications and resources best suited to complete a project successfully
in terms of performance quality and cost effectiveness. Qualifications and resources, including
training, professional licensing experience, skills, capabilities, special expertise personnel, and
workloads, are paramount considerations in engaging engineering services. Costs of these services,
while important and meriting careful negotiations and performance accountability, are a small portion
of overall project costs and should be subordinate to professional qualifications and experience. There
are many reasons why bidding for consulting Civil Engineering services often produces unsatisfactory
results for the client. Principal among these are:
 Palawan State University
College of Engineering, Architecture, and Technology
Civil Engineering Department

1. Bidding does not recognize professional judgment, which is the key difference between
professional services and the furnishing of products. Judgment is an essential ingredient in
quality engineering services.

2. It is virtually impossible to completely detail in advance the scope of services required for an
engineering project especially for the study and preliminary phases, without lengthy
discussions and negotiations with the selected firm. Lacking specifics, the bidding firms must,
in order to be competitive, submit a price for the least effort envisioned. The resulting service
performed is likely to be tailored to fit the minimal requirements of the bid documents and
will not necessarily suit the client's needs or expectations.

3. In depth studies and analyses by the consulting Civil Engineer are not likely to be performed.
The consulting Civil Engineer selected by lowest bid will often provide only the minimum
services necessary to satisfy the client's scope of services.

4. The consulting Civil Engineer's ability to be flexible and creative in meeting the client's
requirements is severely limited.

5. The engineering designs are likely to be minimal in completeness with the details left to the
contractor. This produces a lower first cost design but tends to add to the cost of the
completed project. The lack of design-details also can and frequently does, lead to a greater
number of change orders during construction and to contractor claims at a later date. For
these reasons, bidding for professional services is not recommended.

3.5.2 TWO-ENVELOPE SYSTEM

The two-envelope system involves

submission of a technical proposal in one
envelope and a price proposal in a second
envelope. The client then evaluates the technical
proposals and selects the best qualified Civil
Engineer based on that consulting Civil Engineer's
technical proposal. At this point in the selection
procedure, the client opens the price proposal
submitted in the second envelope and uses this as
a basis for negotiation of contractual scope and
fees. The second envelopes submitted by the unsuccessful proposers are returned unopened. If the
client follows this procedure, the net effect is as outlined in "Qualifications-Based Selection
procedure”, provided that the Client and the best qualified consulting Civil Engineer have extensive
discussions to reach full agreement on the scope of services. This allows the client to utilize the
knowledge and experience of the consulting Civil Engineer in establishing the scope of services. Upon
agreement of scope, the price of services should be negotiated to reflect changes from the original
 Palawan State University
College of Engineering, Architecture, and Technology
Civil Engineering Department

scope used for obtaining proposals. If both envelopes of all proposers are opened at the same time, a
bidding process, as discussed in the section on "Bidding," is initiated with attendant disadvantages.
Procedures should be established to provide confirmation that the second envelope is opened for only
the successful proposal. The two-envelope system is not recommended. If used as intended, it is
similar to the recommended QBS procedure except that the added cost to prepare a comprehensive
scope and price discourages some consulting Civil Engineers from participating. The costs to prepare
a proper price proposal are considerable to the firms not selected, which increases the overall business
costs of consulting civil engineering and ultimately of the clients.
 Palawan State University
College of Engineering, Architecture, and Technology
Civil Engineering Department

DEFINITION OF TERMS

Administrative Policy - It is a general statement outlining principles, philosophies or intentions, usually

having an internal focus.

Bidding - Price-based competition for contracts (not recommended for engineering services).

Contracts - Legally binding agreements defining scope, time, and payment terms.

Contractor - A firm or individual hired for engineering, design, or project supervision.

Executive Order No. 164 - It aims to streamline the processing and approval of contracts related to
infrastructure projects undertaken by the national government.

Level of Effort (LOE) Contract - A contract based on estimated work hours rather than specific
deliverables.

Quality-Based Selection (QBS) - A selection method based on qualifications and expertise, not price.

NEDA Guidelines - Procurement rules requiring QBS-based selection for engineering services.

Presidential Decree No. 1594 - It is the policy of the government to adopt a set rules and regulations
covering government contracts for infrastructure and other construction projects

Procurement - It is the process of selecting a contractor, supplier, or service provider through a

competitive process where different firms submit proposals or price offers. This ensures that the client
gets the best value for money while maintaining quality and efficiency.

Request for Proposals (RFP) - A project announcement posted publicly by an organization indicating
that bids for contractors to complete the project are sought.

Requests for Qualifications (RFQs) – It is commonly used as a tool invite interested parties to submit
a qualification statement that is used by the requester to evaluate and shortlist potential
contractors, subcontractors, architects, and consultants for a construction project.

Selection - Choosing the most qualified firm based on expertise, experience, and resources.

Selection Committee - It is a committee of individual(s) who evaluate and rank proposals, conduct
negotiations, and make a contract award recommendation to the District and its respective
Committees.

Two-Envelope System - A selection method separating technical proposals and price proposals.
 Palawan State University
College of Engineering, Architecture, and Technology
Civil Engineering Department

REFERENCE

Lazo, S. K. Q. (2019, September 11). The selection of the civil engineer. PLAIN AND CIVIL.
https://sknlazoce.blogspot.com/2019/09/50-selection-of-civil-engineer.html?m=1

Philippine Government. (1978). Presidential Decree No. 1594.

https://lawphil.net/statutes/presdecs/pd1978/pd_1594_1978.html

Signal.ph. Executive order no. 164. https://signal.ph/summary/administrative_orders-8099